Food Safety Lawyer Says Blue Bell Unwise to Urge Feds to Drop Listeria Testing

Blue Bell wants to stop destroying products if they show any possible indications of listeria contamination.

Houston Press
In this April 10, 2015 file photo, Blue Bell ice cream rests on a grocery store shelf in Lawrence, Kansas. In the wake of a deadly listeria outbreak in ice cream, the Justice Department is warning food companies that they could face criminal and civil penalties if they poison their customers.
In this April 10, 2015 file photo, Blue Bell ice cream rests on a grocery store shelf in Lawrence, Kansas. In the wake of a deadly listeria outbreak in ice cream, the Justice Department is warning food companies that they could face criminal and civil penalties if they poison their customers.

Blue Bell asked federal regulators to drop pricy precautions that were put in place to ensure no products that might even potentially be tainted with listeria would hit the market, but the Brenham-based company's officials may want to think twice about the request they made to the Food and Drug Administration, food safety lawyer Bill Marler contends.

“It's a surprising move, given what Blue Bell has been through and the fact that they are still under criminal investigation to even consider ratcheting back any portion of their testing protocol, even if it arguably made some sense,” said Marler, who got his start representing clients against Jack in the Box in the 1990s.

Since then, he's represented countless clients against companies that sold contaminated food and also acted as a consultant to producers dealing with outbreaks, including creameries that also grappled with listeria in their products.

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